Despite growing awareness and prevention initiatives sparked by the #MeToo movement, sexual harassment remains a deeply entrenched issue in American society.

A recent national survey conducted by the Newcomb Institute at Tulane University highlights the magnitude of the problem. It reveals that 82% of women and 42% of men have experienced sexual harassment or assault at some point in their lives. These findings, from the 2024 #MeToo Report, emphasize that sexual misconduct continues to permeate many aspects of everyday life.

For employers, this reality underscores the critical importance of having clear, fair, and thorough procedures in place for addressing complaints. Conducting a sexual harassment investigation is a legal obligation and a vital step in building a safe and respectful work environment.

This guide aims to help employers navigate the complex process of investigating harassment claims, ensuring compliance, supporting victims, and upholding organizational integrity.

Establish the Investigation Framework

Before starting a sexual harassment investigation, employers must establish a clear, structured framework, especially given the ongoing prevalence of workplace harassment. As reported by CBS News, despite women now making up half the workforce, 40% still face sexual harassment.

Alarmingly, these rates have remained unchanged over the past five years and affect both younger and older women alike.

The individual leading the investigation should be impartial, well-versed in harassment laws, and skilled in handling sensitive interviews. Depending on the complexity of the situation, employers may assign an internal HR professional, bring in an external investigator, or consult legal counsel.

From the outset, all documentation should be handled with care. Create a confidential file for the complaint, interview summaries, relevant policies, and any supporting evidence. Establish a clear timeline to balance thoroughness with timeliness. Lastly, clearly define the investigation’s scope to ensure all relevant issues, be it a single incident or broader patterns, are properly addressed.

Conduct Effective Interviews

The interview process is a critical component of any sexual harassment investigation. It should begin with the complainant, allowing them to share their experience in their own words without interruption. This approach builds trust and sets the tone for a respectful and thorough inquiry.

After their account, ask focused sexual harassment investigation questions to clarify key details and uncover relevant facts. It’s essential to maintain a supportive yet professional atmosphere that encourages openness while respecting emotional boundaries.

Key questions for the complainant might include:

• Can you describe exactly what happened, including dates, times, and locations?
• Who else was present during these incidents?
• Did you tell anyone about these incidents when they occurred?
• How did these incidents affect you personally and professionally?
• Are there any documents, emails, or other evidence related to these incidents?
• Have you witnessed the accused person behaving similarly toward others?

When interviewing the accused individual, present the allegations clearly and allow them to respond fully. Avoid making premature judgments and focus on gathering facts rather than determining credibility at this stage.

Questions for the accused person should cover:

• Are you aware of the allegations being made against you?
• Can you provide your version of the events described?
• What is the nature of your relationship with the complainant?
• Have there been any conflicts or disagreements between you and the complainant?
• Can you provide the names of people who might have relevant information?

Witness interviews are equally important, as they can provide crucial corroborating evidence or alternative perspectives on the alleged incidents. Focus on what witnesses personally observed rather than hearsay or speculation.

Gather and Evaluate Evidence

Beyond interviews, investigators must meticulously collect and analyze all relevant evidence. This includes reviewing personnel files, examining email communications, checking security camera footage, and analyzing any patterns of behavior or prior complaints. Physical evidence like notes, gifts, or photographs may also be crucial.

As HR Grapevine highlighted with the Nike case, internal records, especially anonymous employee surveys, can serve as critical evidence in workplace investigations. These tools not only help uncover widespread issues but also support accountability. In Nike’s case, such records contributed to corrective actions and a significant settlement in a discrimination lawsuit.

When evaluating evidence, credibility and reliability are paramount. Look for consistency in accounts, contemporaneous documentation, and corroborating evidence.

According to Conn Maciel Carey, when faced with conflicting accounts, investigators must clarify details without influencing responses, using these follow-up strategies:

• Ask for specifics: Request precise descriptions of actions, words, and timing instead of general claims.
• Compare statements with available evidence: Utilize emails, messages, and security footage for verification.
• Check for past interactions: Examine prior workplace dynamics that might influence credibility.
• Record any changes in statements: If someone’s account evolves over time, request an explanation for the discrepancies.

Make Determinations and Take Action

Once evidence collection is complete, the investigator must assess the facts of the case. This is done using the preponderance of evidence standard, meaning the incident is more likely to have happened than not. This determination should be grounded solely in the facts uncovered during the investigation, free from personal assumptions or biases.

If harassment is confirmed, prompt and proportionate corrective action is essential. The response should aim to stop the misconduct, prevent future retaliation, and address any resulting harm. Actions may include disciplinary measures, targeted training, or policy reforms.

For instance, Snapchat Inc. recently agreed to a $15 million settlement, pending court approval. The case involved allegations of discrimination, failure to prevent sexual harassment, and retaliation against female employees between 2014 and 2024. The case highlights the serious legal and reputational consequences of inadequate employer responses.

Even if the findings are inconclusive, employers should still implement preventative measures such as refresher training and policy reinforcement. Closer workplace oversight and clear communication of expectations and potential consequences are also essential.

Frequently Asked Questions

How quickly should an employer begin a harassment investigation after receiving a complaint?

An employer should begin a harassment investigation as soon as possible after receiving a complaint. Prompt action demonstrates commitment to a safe workplace, preserves evidence, and helps prevent further misconduct or retaliation. Delays can undermine the investigation’s credibility and potentially expose the employer to legal liability.

What should an employer do if both parties to a harassment complaint are high-level executives?

If both parties are high-level executives, the employer should assign an impartial, external investigator to ensure objectivity. Maintaining confidentiality, avoiding conflicts of interest, and following established procedures are essential. The organization’s board or a neutral oversight committee may also need to be involved to ensure transparency and accountability.

How long is too long for a workplace investigation?

A workplace investigation should generally be completed within 30 days. Delays beyond this timeframe may compromise evidence, increase liability, and damage employee trust. Prolonged investigations without clear justification or communication can be considered too long and may expose the employer to legal and reputational risks.

Conducting a thorough and fair sexual harassment investigation requires careful planning, skilled execution, and ongoing follow-up. Employers who approach these investigations with professionalism, objectivity, and attention to legal requirements can effectively address complaints.

Remember that each investigation is unique and may present unexpected challenges. If you’re unsure, consulting experienced attorneys or professional investigators can help ensure the best possible outcome for everyone involved.